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HTMLUSCIS Receives Record Number of H-1B Work Visa Requests
Jamey E. Ayers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 13, 2015
On April 13, 2015, U.S. Citizenship and Immigration Service (USCIS) released the H-1B “cap” count, indicating that during the filing period it had received nearly 233,000 petitions for H-1B work visas. This means that U.S. employers filed approximately 233,000 petitions during the...

 

HTMLNoncompete Law in France-Payment of a Noncompete is Required During Garden Leave
Rebecca Marks; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 28, 2015
In France, a valid noncompete clause in an employment contract must provide for the payment of financial compensation to the departing employee, as long as the employee remains bound by and complies with the clause’s terms and conditions. But when must the payment of compensation commence?...

 

HTMLIRS Traded in Your Chevy for a “Cadillac (ac-ac-ac-ac-ac) Tax”: Agency Issues First Guidance on the Implementation Code Section 4980I
Patricia L. Beaty, Taylor Bracewell; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 22, 2015
On February 23, 2015, the Internal Revenue Service (IRS) issued the first piece of guidance that discusses the excise tax, better known as the “Cadillac Tax,” imposed by Section 4980I of the Internal Revenue Code of 1986, as amended, on employers that offer high-cost health coverage....

 

HTMLNew Massachusetts Minimum Wage Regulations Contain Significant Changes
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 28, 2015
While the January 2015 increases in the Massachusetts minimum wage for regular and tipped employees have received considerable attention and publicity, the Massachusetts Department of Labor Standards (DLS) also issued new minimum wage regulations to little fanfare. The new regulations have been...

 

HTMLNLRB's New "Ambush Election" Rules Go Into Effect: Is Your Organization Ready?
Harold P. Coxson, C. Thomas Davis, Eric C. Stuart; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 14, 2015
On April 14, 2015, after a four-year battle, the National Labor Relations Board’s (NLRB) final “ambush election” rules, which will dramatically shorten the time between requests for a vote and a union election, go into effect. The controversial new rules will significantly alter...

 

HTMLFY 2016 H-1B Cap Lottery Selection Completed, Premium Processing Timeline Begins April 27, 2015
Jamey E. Ayers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 16, 2015
On April 14, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that on April 27, 2015, it will begin reviewing cases filed with a request for premium processing. USCIS previously confirmed completion of the random selection “lottery” process for approximately 233,000...

 

HTMLThe New Wave of Data Breach Settlements
Madi Bakker, Ashley Prickett Cuttino; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 24, 2015
4.8 million. 10 million. 15 million. 25 million. Before 2014, these large numbers were likely to represent the number of individuals affected by a data breach. Today, they are the dollar figures that companies must spend to put a breach in the past-and that’s just the cost of settlement....

 

HTMLGetting with the (Wellness) Program: EEOC Proposes New ADA Regulations for Wellness Programs
Jeanne Ellen Floyd, Ruth Anne Collins Michels; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 21, 2015
For some time, employers have faced uncertainty about the status of their wellness programs under the Americans with Disabilities Act (ADA). While the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Affordable Care Act (ACA) have allowed employers to provide financial...

 

HTMLCity of St. Petersburg, Florida Passes Wage Theft Ordinance
Edmund J. McKenna; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 20, 2015
Under the new City of St. Petersburg “wage theft” ordinance, an employer commits wage theft when the employer fails to pay wages, or a portion of wages, due to an employee within a “reasonable time” (typically 14 business days) from the date on which that employee performed...

 

HTMLEmployers Between a Rock and a Hard Place: Another Puzzling “Status Quo” Case Decided On Other Grounds
Matthew J. Kelley; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 20, 2015
The National Labor Relations Board (Board) recently decided a case previously remanded back to it by the District of Columbia Circuit Court of Appeals. The Board’s decision in Arc Bridges, Inc., 362 NLRB No. 56, March 31, 2015, circumvents a now common problem for employers by relying on...

 


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